SUSEELA SREEPADMAM Vs. B L PRASANTH

JUDGEMENT

(1.) The grievance of the petitioner is against an order passed in an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as `the D.V Act'). After hearing both parties, the learned Magistrate who had initially granted an interim order under Section 23 of the D.V Act had proceeded to dismiss the application under Section 12 of the D.V Act. The petitioner has rushed to this Court with this petition under Article 227 of the Constitution of India.

(2.) The petitioner has a right of appeal under Section 29 of the D.V Act before the Sessions Court and I find absolutely no justification in the attempt of the petitioner to invoke the constitutionalsupervisory jurisdictionunderArticle227 tochallenge the impugned order. The learned counsel for the petitioner attempts to pick holes in the impugned order by saying that statutory provisions have not been adverted to and complied with by the court. I have gone through the impugned order.I find no such vice vitiating the impugned order, which can persuade this Court to invoke its extraordinary constitutional jurisdiction under Article 227 of the Constitution in favour of the petitioner, who has not chosen to invoke the statutory right of appeal under Section 29 of the D.V Act. The learned counsel for the petitioner also raises a contention that the definitionofsharedhousehold under Section 2(s)oftheD.V Act has beensatisfiedbythecaseofthepetitioner inthiscaseandthat the learned Magistrate erredin holding ittobe otherwise. It isforthe petitioner to raise all his contention in an appropriate appeal to be instituted under Section 29 of the D.V Act.

(3.) This Writ Petition is, in these circumstances, dismissed. Return the copy of the impugned order to the learned counsel for the petitioner. I may hasten to observe that I have only chosen to hold that the jurisdiction under Article 227 of the Constitution need not be invokedand I have not intended to express anyopinion on merits of the acceptability of the order.